Arkansas Law Blog

Bankruptcy

Bankruptcy and Unsecured Debt

Unsecured Debts Debts that are unsecured (e.g. credit cards, medical bills, etc.) are those which are not secured (secured means if you do not pay, the can repo or foreclose, e.g cars, house, etc.) anything you own. The creditor does not have a right to repossess anything if you don’t pay the debt. In general, it’s easier to deal with…

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Employment Law

Did I get fired illegally?

What does age or gender discrimination mean? Laws protect against being fired for your age and gender and many other reasons. The Age Discrimination in Employment Act (ADEA) protects many employees forty years and older from discrimination in hiring, firing, and terms and conditions of employment based on age. The Equal Pay act (EPA) requires that men and women be…

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Bankruptcy, Interesting Legal-Lawyering Stories

New Law Could Allow Student Loans to be Discharged in Bankruptcy

Sen. Dick Durbin has proposed a new bill that has an escape clause for people with student loans that are forced to carry the debt to their graves. 44,000,00 Americans owe on student loans. The amount owed is more than $1.5 trillion. The only kind of dent that exceeds this figure is  credit card debt. The act is supported by…

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Employment Law

Do ride-share companies owe drivers money

Contractor v. Employee Info

Under the federal labor law, when an employer-employee relationship exists, the employee must be paid at least the Federal minimum wage of $7.25 per hour and in most cases overtime at time and one-half his/her regular rate of pay for all hours worked in excess of 40 per week. The ride-share company Uber has agreed to pay $20 million to…

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Employment Law

Can caregivers or care workers be paid more?

All caregivers are owed the federal minimum wage of $7.25 an hour and an overtime payment for all hours worked over 40 in any work week, unless some very specific exemptions are met. However, many agencies or individuals are not following the law. This law firm has a lawsuit against PALCO, Inc. for back wage payments. If your payments from…

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Interesting Legal-Lawyering Stories

February 2019 Arkansas Bar Exam Results

Congratulations to all those who passed the February 2019 Arkansas Bar Exam! Here are the results: 2019FebruaryBarExamResults Enjoy scrambling around to find a judge to swear you in on Tuesday.  Let the fun begin! But seriously—we are pleased to have you all as colleagues. Do well. Looking for some extra reading? After You Get Your Bar Exam Scores  

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Administrative Law, Employment Law

Can teachers get their job back?

As a teacher, can I get my job back if they suspend or fire me? Yes.  You are protected by a strong law.  The law is called the Arkansas Teacher Fair Dismissal Act (TFDA).  This law is designed to help teachers. The TFDA says that a teacher has to receive written notice of any nonrenewal, suspension, or termination. A teacher…

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Interesting Legal-Lawyering Stories

New Name | Same Firm

wh Law | We Help

Hey fellow Arkansans, Looking for Wilson & Haubert law firm? Yes, you found us! We have simplified our name from Wilson & Haubert to  wh Law. We want our name to promote our goal: We Help. Now, when you see our name, it may be in a combined fashion, the company name “wh Law” along with the company tagline “We…

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Estate Planning

What are Uncompensated Transfers and Penalty Periods?

Many people gift property to others to qualify for Medicaid only to find out that they’re still not qualified. Usually this situation is caused by Uncompensated Transfers.  These transfers trigger “penalty periods.” So, what is an Uncompensated Transfer? How do such transfers incur a penalty? What is the Transfer Penalty and how does it work? Here are some useful definitions….

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Family Law

When is Joint Custody Considered the Best Interest of The Child?

Clients ask us a form of this question almost every day.  Joint custody has been rare for the majority of the history of family law in Arkansas.  However, that trend is changing in many courts throughout the state. When a Judge is considering custody of children, they always look at what is in “the best interest of the child.” This…

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